Card Range To Study

294 Cards in this Set

drawings, diagrams, schedules + other data, specifically prepared for work by the contractor or subcontractor, etc.

SHOP DRAWINGS

prevents contractor from sueing architect or owner in event of poor performance of work - bodily, injury, sickness, disease, death, or other personal property (not the work itself)

INDEMNIFICATION

shop drawings, product data, and samples from the contractor to review for expressed design concept

SUBMITTALS

part of the architects' services - to alter the work - may alter contract sum + time

CHANGE ORDER

requires additional fees from the architect to prepare additional drawings

CHANGE IN SERVICES

multi-party litigation - must be agreed upon in writing by all parties involved - usually better for arbitration to be held separately to avoid unnecessary complexity + complications

JOINDER

w/out invalidating the contract, the owner may order changes consisting of additions, deletions or other revisions - contract sum + time adjusted - used when change order cannot be obtained due to limited time or disagreement

CONSTRUCTION CHANGE DIRECTIVE

time, including authorized adjustments, allotted for substantial completion of work

CONTRACT TIME

point at which the work or designated portion can be occupied or used as intended - usually the contractor makes this call, but must be agreed upon inspection by architect

DATE OF SUBSTANTIAL COMPLETION

establishes date which work can be occupied - owner makes payment of any retainage

CERTIFICATE OF SUBSTANTIAL COMPLETION

max $ figure that the insurance company will pay - covered in the Contract Documents or by by law, whichever is greater

LIMITS OF LIABILITY

includes everything but specifically excluded risks

ALL RISK

names specific risks and excludes all others

NAMED PERIL

right to "stand in the shoes" of another and to claim whatever rights the original person had

SUBROGATION

the execution of agreement to cancel or legal obligation in return for something less than or different from the legal duty owed

ACCORD + SATISFACTION

an accident or event that is the result of natural causes without human intervention, that could not have been prevented by reasonable foresight

ACT OF GOD

a law suit brought in court for enforcement of a legal right

ACTION

one who is trained in the mathematics and statistics of insurance and calculates premiums, reserves, and other values

ACTUARY

a party added to the coverage of an insurance policy with the right of recovery but without the obligation to pay the premium or meet the terms of the policy

ADDITIONAL NAMED INSURED

one who settles insurance claims

ADJUSTER

an insurance company licensed and authorized to do business in a specific state and subject to regulation by the state insurance commission

ADMITTED CARRIER

submitted by contractor to the architect - payrolls, bills for materials, and equipment - voluntary written statement of facts, confirmed by oath of the maker and before an authorized officer

AFFIDAVIT

relationship where agent has authority to represent or act for another person, called a principal

AGENCY

the total amount payable under a policy regardless of the number of claims - usually annual

AGGREGATE LIMIT

a statement in a claim or pleading asserting something expected to be substantiated or to be proven in court

document issued by the building inspector certifying that the structure conforms to all relevant code sections and is safe to use

same as certificate of substantial completion

CERTIFICATE OF OCCUPANCY

document issued by LA that the contractor has adequately performed

presented to the owner for payment

CERTIFICATE OF PAYMENT

cost incurred by contractor when project is interfered with by owner so that the contractor must employ more man power or work for more hours in order to complete on time

ACCELERATION COST

an estimated amount calculated as anticipated loss at a future time

as opposed to actual damages

LIQUIDATED DAMAGES

written for 10% of the bid figure

guarantees the contractor will execute the contract if it is offered to him or her

BIDDER'S BOND

written for 50% of the bid

guarantees the contractor will perform according to the plans and specifications

PERFORMANCE BOND

written for 50% of the bid

guarantees the contractor will pay for the labor, materials and equipment costs involved in the construction

PAYMENT BOND

guarantees the plant maintenance will be conducted according to the contract

only used when the maintenance period is to be lengthy

MAINTENANCE BOND

guarantees recovery of loss suffered by the owner through theft on the part of the contractor's employees

FIDELITY BOND

identifies parties, statement of work to be performed, statement of the contract sum, time of performance, signatures

including:

1. construction dwgs

2. specifications

3. conditions

4. forms

5. addenda

6. modifications

7. bidding requirements

THE AGREEMENT

date which work is evaluated by the contractor for payment

should normally be not less than ten days prior to the payment date

CUT-OFF DATE

30 days after substantial completion

DUE DATE FOR FINAL PAYMENT

owners retain 5-10% of the earned sums to ensure performance of the contract

RETAINAGE

the party who has the primary obligation to perform uner the bond

contractor

BONDING PRINCIPAL

principal (contractor) guarantees the surety that the surety will incur no loss by reason of its providing the bond

provides 'leverage' over the principal

INDEMNITY AGREEMENT

limits amount of the guarantee

100% of the contract sum

PENAL AMOUNT

the bonding company

party that guarantees the performance of the principal

bound to the principal's obligations if they fail to perform

recommended to use corporate rather than individual, and in the state of the project

SURETY

person for whose benefit the bond is written

the owner

a dual may include the general contractor

OBLIGEE

legal right of a party to control the property of another, or have it sold for payment of a claim (take your possesions)

LIEN

Action by a party to a contract that causes the other party of the contract to not complete the work of the project on time or in the manner established by the contract writing. Positive action must be per-formed on the part of the interfering party as opposed to passive negligence, which is inactive, permissive or sub-missive.

ACTIVE INTERFERENCE

Damages resulting form real and substantial loss, as opposed to those which are merely theoretical, estimated or anticipated. Actual damages represent the real true value of the total loss suffered, as opposed to liquidated damages, which represent an estimated amount calculated as anticipated loss at a future time

ACTUAL DAMAGES (ACTUAL LOSS)

Parties to a contract are in adversary or arms-length relationship to one another as a result of the commitment they have made to each other in the contract terms and conditions. This relationship is recognized by the courts and binds the two parties together in that relationship. In layman's language it can be considered a relationship of mistrust.

ADVERSARY

A person authorized by another to act for him or her; one who is employed to represent another in buisness and legal dealings with third persons. The agent represents the principal in dealing with the third parties. In the construction industry, a typical misunderstanding is that the Landscape Architect is the agent to the owner in dealing with the third-party contractor. The Landscape Architect, in a typical contract, is the representative of the owner and not of the agent.

AGENT

An agency relationship created by an act of the parties and deduced from proof of other facts (See AGENCY)

APPARENT AGENCY

A legal action which allows a person who is not party to a contract to obtain the contract rights of a party who is. A contractor, for example may assign the rights contained in its contract with the owner to a subcontractor. In a similar manner, the Landscape Architect can assign portions of the design of the project to its consulting engineers, primarily in the areas of structural, mechanical and electrical design.

ASSIGNMENT

The aggregate of reported cases forming a body of jurisprudence or the law of a particualr subject as evidenced or formed by the adjudged cases; distinct from statutes and other sources of written law.

CASE LAW

Legal status granted to a Landscape Architect in the quasi-judicial role as arbitrator in settling a dispute between the owner and the contractor. This cloak protects the Landscape Architect from liability by either party (owner or con-tractor) as a result of the decision rendered in resolving the dispute

IMMUNITY

An agreement between two or more persons to defraud a person of his or her right by the forms of law or to obtain an object forbidden by law; a secret combination, conspiracy, or concert of action between two or more per-sons for fraudulent or deceitful purposes.

COLLUSION

a process whereby sealed proposals are submitted to the owner for consideration. Competitive bidding is mandatory on public works projects. A private owner may choose to use competitive bidding in securing the most economical contractor for the construction of the project. However, a private owner is not legally bound to the competitive bidding process.

COMPETITIVE BIDDING

That which has the character assigned to it in its own essential nature but acquires such character as a consequence of the way in which it is regarded by a rule or policyof law; hence, inferred, implied, or made out by legal interpretation. The term “constructive” typically is used with other legal terms such as “acceleration,” indicating that in the absence of an acceleration clause, it is the actions of party that determine the validity of acceleration costs. Another application is in the use of the term “constructive change,” indicating that although a change may not have been directed, it is implied by the act or omission of the parties involved. (See ACCELERATION and CHANGE)

CONSTRUCTIVE

The obligation which arises from a contract or agreement. In a typical contract agreement, the parties are required to fulfill the duties enumerated in the contract writing between the two parties, but also from the contract agreed to by other parties. An example of this is the duty owed by the Landscape Architect to the contractor as a result of the requirements called out in the contract between the owner and the contractor.

CONTRACT DUALITY

Notice to a property owner by subcontractor that states if bills are not paid that legal action will be taken

Must be filled within 90 days of labor ending

Preliminary Lien Notice

Claim of Lien

Written document from a contractor to owner releasing said legal state

Lien Waiver (Release)

What are the six requirements for a contract to be valid?

An offer and acceptance of that offer

Must have consideration where something is bargained for in exchange for a promise

All parties must have the capacity or legal ability to contract

Both parties must be agreeable to the terms of the contract

The subject matter of the contract must be legal

Some contracts must be in proper form or must be in writing though courts will support an oral contract

The first actual construction on a site OR first delivery of substantial materials

Commencement of Improvements

Request to release surety bond

Exoneration

A recorded legal document giving constructive notice that action affecting a particular party has been filed in court

Lis Pendens

Performing a legal action in an improper way

Amount of care expected from a reasonable person

Misfeasance

Reasonable Care

The decision of an appellate court to send a case back to a trial court with instructions on how to correctly solve the case - often used with the term "reversed"

Remand

A set of sets that defines the maximum time for filing claims against professionals

Statue of Repose

Set of CIVIL laws that serves to protect a person's interest in his or her bodily security, tangible property, financial resources, or reputation. Interference with any one of these interests is redressable by an action for compensation, usually in the form of unliquidated damages.

Tort Law

Type of bid based on predetermined major items of work, the items quantities, and the contractor's price per unit

Unit Price Bid

Type of bid contract where, once agreed to, is not subject to adjustment of price

Fixed Price Bid

Replacement item offered as an alternative to, and represented as being equivalent to, an originally specified item.

Substitution

Request included in the bidding documents that asks the contractor to provide an additional cost to add or deducts components

Add-Alternate or Deduct-Alternate

Written notice by the owner to the apparent successful bidder which states the award date and when the contract will be signed

Notice/Letter of Award

Written notice by the owner telling the contractor when work may begin per the contract

Universally accepted document in the contraction industry that outlines the legal definitions of the elements in the construction process and the items that will be provided by the contractor

AIA Document A201 - General Conditions of the Contract for Construction

Document that provides the first basis for the construction cost control on a project

G702

Refers to the canceling of a prior action

Negation

A provision in a contract the requires a certain act to be done or a certain event to occur before the contract become binding

Contingency

What are the two types of general written warranties?

Material Warranty and Labor Warranty

Modification to a construction design or contract which provides for a change of contract provisions including additional work outside the scope of an original contract

Contract Amendment

What are the four main areas of field administration that are required of most landscape architects?

Inspection

disputes

delays

stop work orders

What are four main means of monitoring the completion progress of a project?

Units of work completed, incremental milestones, opinion, and cost ratio

An administrative level person who supervises the work of the on-site contractors

Superintendent

Person who is tasked with witnessing the on-site construction at all times

On-Site Inspector

Composed of project principles who meet of a frequent basis to identify, discuss and solve productivity and quality problems

Quality Circle

A stage of construction where the work is fully completed per the contract documents

Final Completion

The date that a contract was actually awarded to a contractor

Date of Agreement

A provision in a construction contract by the owner that expresses that punctual completion is a vital part of the contract performance and delays are subject to damages to the injured party. Most public projects employ this provision.

Time is of the Essence

Types of clauses included in contracts that encourage the contractor to complete the project in a timely manner and according to plans

Schedule Controls

Issued by a local building official when a portion of the project meets all the building codes and is ready to be occupied

Notice of Partial Completion

Type of relationship where someone must act in good faith and be obedient to another person. Personal interests are secondary.

Master-Servant Relationship

Type of relationship where someone has limited control of the overall conduct and performance of the people. Usually involves people with special skills.

Employer - Independent Contractor Relationship

Employee benefits are what kind of cost?

This type of cost represents the single largest cost to any billing

Payroll Cost (DPE)

Sub-consulting fees and travel costs are what kinds of costs?

Direct Project Expenses

This type of cost includes rent, promotion, and office costs

General Overhead (GOA)

This type of cost is typically the second largest cost item and does not add to the cost of running a business

Billables

What each contractor bid for each item and overall cost

Cost Estimates and Bid Tabulations

If a landscape architect approves a request for payment that includes services that have not been performed yet...

they are covered by errors and omissions insurance and therefore is held responsible

Who is responsible for the accreditation of landscape architecture programs?

ASLA

Programming and market studies are usually performed in what phase of the project?

Pre-Design Services

What are the 12 main components of a contract?

Project DescriptionResponsibilitiesScope of WorkFeesLiability Limitations and Insurance RequirementsEffective DateChangesTerminationJudicial JurisdictionArbitrationClarifying Use of DocumentsSignature

When a prime or main contractor starts the construction work BEFORE the plans and specifications are complete.

Fast Track Construction

The action of the owner accepting the work from the contractor when the owner deems the work completed in accordance with the contract requirements. Final acceptance is confirmed by the owner when making the final payment to the contractor.

Final Acceptance

A final site review of the project by the contractor, owner or owner's authorized representative prior to issuing the final certificate for payment.

Final Inspection

The last payment from the owner to the contractor of the entire unpaid balance of the contract sum as adjusted by any approved change orders.

Final Payment

An independent vehicle for the disbursement and accounting of construction funds allowing construction obligations to be paid (progress payments) when work is completed, inspected and approved.

Inspection for Disbursement of Funds

The official notice of a search for qualified bidders on a government or public-sector construction project. The notice usually includes information about the project and provides the public with a contact name for details about solicitation, rules for submission of bids, and awarding of the contract.

Advertisement For Bid

Deposit or guaranty (usually 20 percent of the bid amount) submitted by a successful bidder as a surety that (upon contract completion) all sums owed by it to its employees, suppliers, subcontractors, and others creditors, will be paid on time and in full.

Payment Bond

defamatory, untrue words said aloud, and tending to prejudice another person in business, means of livelihood, or reputation.

Slander

intentional publication or broadcast of a defamatory statement that exposes a person to contempt, disrespect, hatred, or ridicule. The defamation, whether expressed in print, writing, pictures, gestures, or signs via newspapers, radio, television, movies, or plays, is either a civil wrong or a criminal wrong

Libel

A workplace strategy aimed at helping to solve problems and boost employee drive and focus